ND Bar Torts and Evidence

Question 1

What are the elements of negligence under North Dakota law?

Accepted Answer

Duty, breach, causation, and damages

Answer

A negligence claim requires proving that the defendant owed a duty, breached it, the breach caused injury, and the plaintiff suffered actual damages.

Question 2

What is strict liability in North Dakota tort law?

Accepted Answer

Liability without fault for abnormally dangerous activities or defective products

Answer

Strict liability imposes responsibility regardless of fault, typically applied to abnormally dangerous activities and defective products.

Question 3

Under North Dakota law, what is defamation?

Accepted Answer

A false statement of fact published to a third party that damages reputation

Answer

Defamation requires a false factual statement communicated to third parties that causes damage to the plaintiffs reputation.

Question 4

What is the hearsay rule in North Dakota evidence law?

Accepted Answer

Out-of-court statements offered for the truth of the matter asserted are generally inadmissible

Answer

Hearsay is generally inadmissible because the declarant is not available for cross-examination, though numerous exceptions exist.

Question 5

What is the attorney-client privilege in North Dakota?

Accepted Answer

Confidential communications between attorney and client for legal advice are protected from disclosure

Answer

The privilege protects confidential communications made for the purpose of seeking or providing legal advice from compelled disclosure.

(ND Bar) North Dakota Bar Exam Practice Test